Important Customer Information:

Your Rights and Obligations

We are Mobileworld Operating Pty Ltd (ACN 090 451 433) (trading as Crazy John’s).

This document is a summary of the terms and conditions contained in our Standard Form of Agreement (Agreement). If you would like to obtain a copy of this summary or the Agreement itself, you can do so by calling our Customer Contact Centre on 1300 303 646, by visiting our website at crazyjohns.com.au/terms or by asking one of our staff for a copy at any of our Crazy John’s stores.

The Agreement is binding on you, the customer, and us, when you complete your application to receive a service from us, or if you are a prepaid customer when you activate your service, and it continues until your service is cancelled in accordance with the contract terms or we notify you that we have refused your application for the Service. Regardless of whether you have read the Agreement, it is legally binding on you.

Services

Our Agreement relates to mobile telephone services, which have the features described in the Service Description for each Service as set out in Parts B, C and E of the Agreement.

We will provide your services to you with due care and skill. Where there is a problem with your service, we will do our best to restore it as quickly as possible. Network limitations and mobile phone capabilities may affect your ability to receive the service.

If you are experiencing a fault with the Service, you should contact our Customer Contact Centre in the first instance.

International roaming services are de-activated by default on your account. You will need to contact our Customer Contact Centre if you wish to have international roaming services enabled.

Fees and Charges

The fees and charges that apply to your service are set out in the parts of the Agreement that apply to your service.

In addition to the fees and charges described in this summary, a number of other fees and charges may apply in relation to your service in different circumstances. The fees and charges that are applicable to your service are described in more detail in the Service Description that applies to your Service.

Charges will also vary depending on the type of plan you selected with us and whether or not you are a pre paid customer or you pay accrued charges at the end of each billing cycle.

Certain plans offer various bonus options that vary the rates (in your benefit) or the features of your service, as well as provide credits that you may use to offset your monthly service charges. Details of any credits and other bonus options that may apply to your service are outlined in the Service Description sections of the Agreement.

We may also make special promotions available in connection with your service which may vary the rates or features of your service. The terms of these will apply if we tell you about them when you make your application or, if you are told about them later, if you choose to take up the special promotion.

Changing the Agreement

From time to time, we may need to make changes to the Agreement. You may at any time obtain an up-to-date version of the Agreement from our website at crazyjohns.com.au/terms. We will update the online version of the Agreement to reflect changes we make as soon as practicable after the changes take effect.

How can we make minor changes to the terms and conditions affecting your service?

Generally, if changes affect you in either a neutral or positive way, we don’t need to give you notice of those changes. When we think that any minor changes would be detrimental to you, we may give you notice of the changes before we make them. If we make a minor detrimental change to the Agreement and don’t give you advance personal notice, we will place a notice describing the change in a national newspaper before making the change. In those cases we will give you personal notice in some other way, such as by including information about the change on your bill, within 4 months after the change.

If you can show that any change made in this way has more than a minor detrimental impact on you, you may cancel your service on a no cost basis in accordance with the Agreement.

Specific situations in which we can make changes

We may vary or introduce additional charges in relation to our fees for administrative services (such as credit card payment fees, billing fees etc) so long as we give you personal notice of the change and offer you an alternative at no additional cost. If we do not offer you an alternative at no additional cost, you may terminate your service on a no cost basis.

We can also increase the charges for content or premium services if a third party, on whom we rely for the service, increases the cost of those services. If you have used those services in the last six months, we can only increase the charges if we first give you notice of the change and give you the option (at no additional cost) of not using the service.

If we need to make a change to the Agreement as a result of a change in our arrangements with our suppliers, we must first give you prior notice of the change and you will have the right to cancel the service within 42 days on a no cost basis.

We do not need to give you notice where we make changes relating to new taxes or for international services and roaming.

Urgent changes

We may be required to make urgent changes to the Agreement from time to time, but we will only do so if the change is required by law, to maintain the security of our network, or for technical reasons. We will give you as much notice as we reasonably can if this happens.

Changes to fixed period contracts
Other than for the circumstances described under “Urgent changes” above, we cannot make changes to a fixed period contract unless we are required by law; or give you 21 days notice about the change and how it affects you, and allow you to cancel the service on a no cost basis in accordance with the Agreement.

Changes to non fixed period contracts
We can make other changes to non fixed period contracts by giving you 30 days notice about the change and how it affects you.

Can you make a change to the Agreement?
You can only make changes as provided for specifically in the section of the Agreement that sets out the Service Description for your service. You cannot make any other changes to the Agreement without first obtaining our consent.

Billing

PrePaid
If you are a prepaid customer on a Prepaid Plan, you will have to make prepayments in order to use the service. We will apply your prepaid credits against the charges that you incur when you use the service. We will first need to receive and process prepayments before you can use prepaid credit. You will have access to online statements relating to your account.

Other Contracts
We issue all our customers with a hardcopy paper bill. We will send your paper bill at the end of each billing cycle, to the address you have notified to us. Our bills are normally issued monthly, although this frequency may change at any time, and we may need to issue you with an interim bill in some circumstances.

Multi-User Accounts (eg. Family Plan)
We offer a feature known as a Multi-User Account (eg. Family Plan) which enables you to combine payments for several services, and payments for several mobile phones, into one account. The Primary Account Holder must be a post paid customer, who is responsible for the fees and charges for all linked accounts. The Primary Account Holder receives a single bill for all services and payments in this situation, and is able to set certain features of the linked accounts. Those features are subject to change.

General Billing Information
You can pay us by cheque, electronic funds transfer, credit card and any other methods we notify to you. If you pay by credit card, we may charge you a credit card payment processing fee.

You must pay all charges (and taxes) set out on a bill on or before the date the bill is due for payment. If you don’t pay your bill, we may cancel, restrict or suspend your service, unless you have entered into a payment arrangement with us. A late payment fee may also be payable. We will try to notify you before cancelling, suspending or restricting the service for late payment.

If you choose to make payments by cheque and the cheque is dishonoured, or by credit card and there is an insufficient clear limit available on your credit card, a payment dishonour fee may apply.

A number of options are available to you if you are unable to pay a bill because of personal hardship. If you contact us and seek to be placed on our hardship recognition and assistance program, we may place you on that program if we recognise sufficient personal hardship in the circumstances.

Our bills will contain contact details which you can use to contact us if you have any queries about your bill.

Prepayments

We do not require security bonds in relation to any of our services. However, we may require you to pay the estimated cost of an invoice period in advance as a prepayment if we reasonably believe that you present a credit risk. We will require a prepayment, for example, if you have no credit record or history of residence in Australia, or if we have evidence that you have previously failed to pay outstanding charges on a previous account for a telecommunications service. We may cancel, suspend or disconnect a Service if you do not provide such prepayment.

What happens when your fixed period contract term ends?

If the commitment period of your fixed period contract term ends and neither you nor we cancel your service with us, we will continue to provide you with the service until we give you 30 days notice of termination, or you cancel your service with us.

If you do not wish to continue to use the Service on a month-to-month basis you must cancel it by calling us or writing to us requesting that it be cancelled.

We may wish to cancel our service to you at the end of a fixed period contract, or wish to change the terms of service (including charges) after the termination date. If we decide to do so, then we will inform you of this at least 30 days before the end of the fixed contract period.

Limitations, Cancellations and Suspensions

If you don’t have a fixed period contract with us, then you may cancel the service without charge at any time by calling us or writing to us. Your call or letter to us will be a notice to cancel the service which is effective on the day we receive that request.

If you have a fixed period contract with us, the term of your commitment period will depend on what you selected at the time of choosing the service. To find out your commitment period, please call our Customer Contact Centre. However, you can cancel your service without charge if we materially breach the contract between us, you are required by law to do so, our provision of the service is illegal, or where your service has been suspended for one week or more when there is no fault on your part. You may also be able to cancel the service without charge if we make certain detrimental changes to the Agreement. More information about your right to cancel the service is contained in the Agreement.

You can cancel the service at any time, but if you have a fixed period contract and do so before the end of the contract period, then you may be required to pay an early termination charge set out in the Agreement.

We may suspend or cancel your service in a number of situations. These include where we suspect fraud by you or anyone using your service, where you fail to pay one of our bills by its due date, or where you breach an essential clause of our Agreement. Your service may be suspended during the course of a call if you are a prepaid customer and have insufficient credit.

If a service is cancelled, you may be required to return certain equipment to us, pay any amounts for your use of the service at the time of cancellation, and pay any amount outstanding for any equipment that you have purchased from us. We will refund to you any unused credits on your account. A disconnection or early termination charge may apply.

If the service is suspended, you will not be able to use the service for the duration of the suspension. The commitment period of a fixed period contract may be extended to take into account any suspension. We will not charge you for any access fees or other usage charges during the time that your account remains suspended.

You may be required to pay a reconnection fee if you ask us to reconnect a service that had previously been suspended, disconnected or cancelled.

Liabilities

The fees and charges incurred in relation to your service will be your responsibility at all times, even if you were not personally using the service at the time.

You may be liable to us for the charges for the use of your service, any liability for breach of contract or negligence, and any damage to our equipment lent to you which is not the result of fair wear and tear. You won’t be liable to us for any loss to the extent that loss is caused by us or our employees, agents or contractors.

We will be liable to you for any direct damage that is caused by the negligence of us, our employees or agents during installation, repair or maintenance and for any direct damage caused by any breach of contract or negligence of us, our employees or agents. We also accept liability for any death or personal injury that is caused by the wrongful act or admission of us, our employees or agents. To the extent permitted by law, we are not otherwise liable to you.

Certain legislation may imply terms and warranties into contracts for the supply of goods and services that are not able to be excluded. We exclude all liabilities to the extent that we are permitted to do so by law, and also to the extent that any loss or damage is caused by you. Where we are legally not permitted to exclude all liability to you then, if permitted to do so by law and it is reasonable and fair to do so, we limit our liability to you to the re-supply, repair or replacement of any goods or services. This limitation does not apply to goods or services which are of a kind ordinarily acquired for personal, domestic or household use or consumption.

Lost and stolen equipment

Your mobile phone is your responsibility at all times. You will be responsible for any outstanding payments for equipment that you buy from us, even where you lose it, or it is stolen or damaged.

If your mobile phone is lost or stolen, you must notify us as soon as possible. You will be responsible for all charges incurred on a service until you notify us that your mobile phone has been lost or stolen.

Information in relation to the security tools that are available in relation to your Service and assistance regarding their use can be obtained from our Customer Contact Centre. We will allocate you a PIN to identify you through our Customer Contact Centre. You are responsible for keeping it secure and will be bound by any directions made by a person who is able to quote your PIN to us. If you cannot quote your PIN, and we cannot otherwise confirm your identity to our reasonable satisfaction, we may refuse to act on your directions until such time as you are able to do so.

Transferring your service

When you agree to transfer a service to us from another provider, you authorise us to act on your behalf with your current service provider so that we can transfer the service. We will do our best to transfer the service to us as soon as possible but are not liable for any failure or delay in the transfer. You should be aware of any consequences under the terms of your contract with your existing service provider before requesting a transfer. We are not responsible for any of those consequences, for any credit amounts owed to you by your previous service provider, or for any amounts owed by you to the service provider.

We may provide you with the service on terms that are different to your original service provider.

You may transfer your mobile number to another person only where you have our prior consent.

Privacy and your personal information
Crazy John’s is committed to protecting your privacy as part of our ongoing service to you.

We use your personal information for the purposes of assessing your application for our services and equipment (including conducting credit checks and exchanging information with credit agencies and credit providers), providing you with services and equipment, administering your account with us, and carrying out analysis to provide better products and services.

Your personal information may be disclosed to our suppliers, contractors, dealers, related companies and agents for these purposes. It may also be disclosed to government and law enforcement agencies as required or permitted by law. This may include disclosure to the operator of the Integrated Public Number Database to help with managing and verifying phone numbers and other approved purposes.

If you have agreed, we may also use your personal information to contact you about the products and services offered by us and our affiliates and business partners. If you do not want us to use your personal information in this way, you can ask us by contacting our Customer Contact Centre, or our Privacy Officer on (03) 9695 0222 or by email at privacy@crazyjohns.com.au.
You can also use these contact details to request access to your personal information. The Crazy John’s Privacy Policy is available from our website at crazyjohns.com.au/privacy.

Complaint handling

If you have any complaints relating to your service (including complaints about your bill), you should contact us first to resolve the complaint. Please call us at our Customer Contact Centre on 1300 303 646. We will attempt to acknowledge receipt of your complaint within 5 business days and find a resolution within 30 days. We will keep you updated as to the progress of your complaint if it is not possible to comply with these timeframes.

We handle all complaints according to the Complaint Handling Code. Information about this code can be obtained by contacting us or the Australian Communications Industry Forum.

If you are not satisfied with the initial outcome of your complaint, you may request a supervisor or manager to review your complaint and our handling of it. If you are still not satisfied, there are other avenues available such as the Telecommunications Industry Ombudsman, the Office of the Federal Privacy Commissioner, or the Department of Fair Trading or Consumer Affairs in your State or Territory.

Further Information and Assistance

If you would like more information about the terms and conditions regarding the service we provide to you visit our website at crazyjohns.com.au/terms If you do not understand this document or any of the terms and conditions that apply to you, please call our Customer Contact Centre on 1300 303 646.

If you have difficulties understanding English, please call the Translating and Interpreting Service on 13 14 50 and ask for an interpreter to assist.

For communications assistance, call the National Relay Service on 13 36 77.

We also provide this summary in large print for the visually impaired online at crazyjohns.com.au/terms.

Version: 071207 SFOA Summary